Insurance adjusters don’t want clients or claimants to understand their rights. Unfortunately, many of them take advantage of an injured victim’s vulnerability as well after they get hurt. At the end of the day, insurance companies have a business to run and want to maximize their profits.
This means they need to take more premium payments while paying out less as compensation to injured people. Insurance companies routinely deny valid claims to prevent paying out compensation. And when they cannot outright deny a claim, they try and devalue it. However, they have the responsibility to explain why the claim is not worth the compensation you are asking for. This is where the role of a dedicated personal injury lawyer in New York comes in.
The last thing you need to worry about while recovering from your injuries is obtaining rightful compensation from the insurance company. It can be frustrating and stressful to fight with claims adjusters. Many personal injury victims settle for less than what they deserve.
These are a few ways by which an insurance company may try to get out of paying rightful compensation:
Insurance companies are most certainly not trying to get you the best offer. They are not your friends. They deal with numerous injury claims every year that eats into their profits. These are a few reasons that insurance adjusters provide for denying claims:
1. Pre-existing medical conditions
Preexisting medical conditions make it difficult to pinpoint whether an accident worsened the condition. For instance, you may have degenerative joint disease or an old back injury that an insurance company may take advantage of. They may dispute legitimate claims based on this uncertainty. It is not easy to document changes in health following an accident.
You would need to provide testimonies from accident reconstruction experts and doctors to prove that your pre-existing conditions have been made worse by the accident. A capable NYC personal injury lawyer will know such experts. They will also have the experience to put together pieces to show how your health was affected by the wreck.
2. Delayed medical treatment
Personal injury victims don’t readily feel the extent of their injuries. In fact, certain medical conditions, such as traumatic brain injuries and herniated discs don’t present a full range of symptoms until after a few days or weeks following the initial trauma. This can cause delays in getting medical treatment.
The insurance company may have an unfortunate view that delayed medical treatment is evidence of fraudulent claims. They may present the argument that the injuries are in fact owing to an unrelated incident after the accident. You should get help from a skilled personal injury attorney in New York if you believe that your medical records are not accurate.
Sometimes, all it takes is a careful evaluation of complete medical records, including diagnostic tests to clear any omissions or errors. This also helps in establishing a firm connection between the collision and injuries.
3. Insufficient coverage or lapsed policy
New York is a no-fault state. This means that you don’t need a liability-based system for recovering compensation from the insurance carrier. However, if you or the person responsible for your injuries failed to pay the insurance premiums on time, the insurance company may deny the claim by stating the policy had lapsed.
4. Missing or inaccurate information
Insurance companies cannot deny claims just because the police report has incomplete information regarding the accident and your injuries. Every injury is not as obvious as a laceration or broken bone. Soft tissue and non-life-threatening injuries can take several days to weeks to appear following an accident. These injuries may not be mentioned in the police report.
A common way of minimizing claim value by insurance companies is putting the victim on trial instead of the negligent party that caused the accident and injuries. The goal of this exercise is to convince the victim that the jury won't sympathize with their predicament. These are a few tactics used by insurance companies for casting doubt on a victim’s character for minimizing the claim value:
Insurance companies in New York may deny your claim completely or attempt at convincing you that the at-fault party (insured) did not have any liability in causing your accident. Unfortunately, many victims simply walk away when their claim gets denied by an insurance company.
This is where an experienced personal injury lawyer comes in useful. These are a few tactics used by insurance companies for denying rightful compensation:
It can be frustrating to have your personal injury claim denied. However, you should not quit. You should fight the denied claim if you think that your claim is viable. It is best that you speak with an experienced personal injury attorney if in doubt. A capable attorney can assess the value of your claim and educate you on your legal rights. They can also explain your legal options during the initial consultation.
The injury lawyer you hire will be on your side unlike the insurance adjuster. The right attorney will offer practical and honest legal advice for you to fight for fair compensation. Your attorney will also help you collect and organize necessary evidence to build a strong case. They can negotiate on your behalf and subpoena records. This can improve your chances of obtaining a fair settlement and give you the peace of mind you require to focus on your recovery and healing.
You should hire a personal injury attorney immediately if you are not at-fault and have suffered injuries. Most personal injury accidents are life-altering. They can leave you with significant property damage, injuries, and financial hardships.
Hiring a competent personal injury attorney gives you the upper hand you need in the following situations:
Insurance claims process is not something you should take lightly. It is vital that you focus on your health to recover quickly. By hiring professionals, you can enjoy peace of mind. You can also be sure that the negotiations with insurance company are being handled by an expert.
The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have handled dozens of personal injury claims. If the insurance company denies or devalues your claim, we have the necessary resources to take the case to trial. We have helped several personal injury victims attain rightful compensation.
Schedule an appointment today with a knowledgeable attorney. We offer free case evaluations so that you can better understand your available legal options. Get in touch with us today by calling at 1-800-660-2264 or using our online form.
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